(a) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures of protection.
§ 1297.171.Authority to Take Measures of Protection
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 4. Jurisdiction of Arbitral Tribunals · Article 2. Interim Measures Ordered by Arbitral Tribunals · Last amended 2025 · Last verified July 29, 2026
In one sentenceSection 1297.171 lets the arbitral tribunal grant a party's request for an interim measure of protection -- temporary relief maintaining the status quo, protecting the arbitral process, preserving assets, or preserving evidence -- unless the parties have agreed otherwise.
Full Text of § 1297.171
(b) An interim measure of protection, or interim measure, is any temporary measure, whether in the form of an award or in another form, by which, at any time prior to the issuance of the award by which the dispute is finally decided, the arbitral tribunal orders a party to do any of the following:
(1) Maintain or restore the status quo pending determination of the dispute.
(2) Take action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself.
(3) Provide a means of preserving assets out of which a subsequent award may be satisfied.
(4) Preserve evidence that may be relevant and material to the resolution of the dispute.
Plain-English Summary
This section gives the tribunal itself, not just the court, the power to order provisional relief while the arbitration is underway. Unless the parties have agreed to take that power away, the tribunal may grant an interim measure of protection at a party's request, at any point before the award that finally resolves the dispute.
The section then defines what that relief can look like, covering four categories. The tribunal can order a party to maintain or restore the way things stood before the dispute broke out. It can order a party to stop, or start, doing something to prevent current or imminent harm to the arbitration itself. It can order steps to preserve assets so that a later award has something to collect against. And it can order steps to preserve evidence that may matter to resolving the dispute. The measure can take the form of an award or another form entirely -- the substance of the order matters more than its label.
Frequently Asked Questions
Can the parties opt out of the tribunal's power to grant interim measures?
Yes -- the section applies unless otherwise agreed by the parties.
What kinds of interim relief can the tribunal order?
Measures maintaining or restoring the status quo, preventing harm to the arbitral process, preserving assets for a future award, or preserving relevant evidence.
Does an interim measure have to be issued as a formal award?
No -- it can take the form of an award or another form.
Amendment History
Amended by Stats 2024 ch 90 (AB 1903),s 9, eff. 1/1/2025. Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: arbitral tribunal interim measures californiaprovisional relief international arbitration tribunal